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One of the most attractive features about the EB1 category is that it is exempt from the labor certification requirement. Persons of Extraordinary ability, Outstanding Professors and Researchers and International Managers and Executives may by-pass the onerous labor certification requirements, saving a great deal of time and shortening the wait for a green card significantly.
Are you someone of extraordinary ability in the arts, sciences, business, education, or athletics? Persons of extraordinary ability in any of these fields may become permanent residents without undergoing the labor certification process. In fact, if you qualify for this type of visa, you do not need an employer to submit a petition to USCIS on your behalf since you are permitted to "self-petition".
An individual of extraordinary ability is one who belongs to that "small percentage" who have "risen to the very top of the field of endeavor". Immigration practitioners call this the "Michael Jordan or Tiger Woods" visa. A comparable non-immigrant visa is the O-1 visa authorizing temporary work in the U.S. To qualify, you must be in the top tier of achievement in your field.
A good test is whether you can meet at least three of the following ten criteria although it is no guarantee.
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Documentation of the alien's receipt of lesser nationally or internationally- recognized prizes or awards for excellence in the field of endeavor;
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Documentation of the alien's membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields;
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Published material about the alien in professional or major trade publications or other major media, relating to the alien's work in the field for which classification is sought. Such evidence shall include the title, date, and author of the material, and any necessary translation;
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Evidence of the alien's participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specification for which classification is sought;
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Evidence of the alien's original scientific, scholarly, artistic, athletic, or business- related contributions of major significance in the field;
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Evidence of the alien's authorship of scholarly articles in the field, in professional or major trade publications or other major media;
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Evidence of the display of the alien's work in the field at artistic exhibitions or showcases;
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Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation;
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Evidence that the alien has commanded a high salary or other significantly high remuneration for services, in relation to others in the field; or
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Evidence that the alien has commanded a high salary or other significantly high remuneration for services, in relation to others in the field.
If you are unable to meet at least three of the above, move along to any of the next categories.
Schedule a Case Evaluation now to discuss your specific qualifications.
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